Constitutional development in Nepal & it’s analytical review (Part-IV, Constitution of the Kingdom of Nepal 2047 BS)

Introduction

The Constitution of Nepal 1990, known as the “Constitution of the Kingdom of Nepal 2047 BS”, marked a significant milestone in Nepal’s political history. Drafted amidst a wave of democratic aspirations and political upheaval, this constitution served as a bridge between the autocratic monarchy of the past and a more democratic future. It established Nepal as a constitutional monarchy and parliamentary democracy, granting sovereign power to the people while preserving the king’s role as the head of state.

Background and Reasons Behind the Constitution

The promulgation of the 1990 Constitution was a direct response to the political demands of the Jana Andolan (People’s Movement) of 1990, a popular uprising against the Panchayat system—a party-less political system controlled by the monarchy that had been in place since 1960. The Jana Andolan was a collective effort of various political parties, most notably the Nepali Congress and the left-wing alliance of the United Left Front, seeking to establish democratic governance, political freedom, and human rights.

Key reasons behind the adoption of the Constitution of 1990 included:

1. Demand for Democracy: The people of Nepal, especially the urban populace, were increasingly disillusioned with the autocratic Panchayat regime. The movement called for an end to absolute monarchy and the establishment of a multi-party democracy.
2. Global Democratic Wave: The late 1980s and early 1990s saw a global wave of democratization, with many authoritarian regimes being replaced by democratic governments. Nepal’s political activists were inspired by these changes and sought to bring about similar transformations at home.
3. Economic and Social Reforms: The Panchayat system was seen as ineffective in addressing economic inequalities and social injustices. There was a growing demand for economic reforms and the protection of fundamental rights, which the Panchayat system could not provide.
4. International Pressure: International communities, including neighboring India, which played a significant role in Nepalese politics, were advocating for democratic reforms in Nepal. The fall of the Berlin Wall and the dissolution of the Soviet Union also influenced Nepal’s political climate.

Key Provisions of the Constitution

The Constitution of 1990 introduced several crucial provisions aimed at establishing a democratic framework and protecting the rights of citizens. Some of the key features included:

1. Constitutional Monarchy: The king was recognized as the ceremonial head of state, with real political power vested in the elected representatives of the people. This marked a significant reduction in the king’s powers compared to the Panchayat era.
2. Multi-Party System: The Constitution allowed for the formation of political parties and established a multi-party parliamentary system, replacing the previous party-less Panchayat system. This provision enabled the formation of a democratic government elected by the people.
3. Fundamental Rights: The Constitution guaranteed fundamental rights to all citizens, including the right to freedom of speech, assembly, and association, as well as the right to equality before the law. It also provided for the protection of personal liberty, property, and the prohibition of discrimination.
4. Bicameral Legislature: The Parliament of Nepal was made bicameral, consisting of the House of Representatives (Pratinidhi Sabha) and the National Council (Rastriya Sabha). The House of Representatives was directly elected, while the National Council had members elected by the House of Representatives and appointed by the king.
5. Independent Judiciary: The Constitution established an independent judiciary, with the Supreme Court as the highest court of the land. The judiciary was empowered to interpret the Constitution and protect citizens’ rights.
6. Directive Principles and State Policies: The Constitution included directive principles to guide the state in formulating and implementing policies aimed at promoting social justice, economic development, and the welfare of the people.

Pros of the Constitution

1. Democratic Framework: The Constitution of 1990 laid the foundation for a democratic Nepal, ensuring that political power was derived from the people and exercised through elected representatives. This shift from absolute monarchy to constitutional monarchy was a significant step towards democratic governance.
2. Protection of Rights: By guaranteeing fundamental rights, the Constitution aimed to protect individual liberties and promote social justice. This was a major advancement from the repressive policies of the Panchayat system.
3. Political Pluralism: The recognition of a multi-party system allowed for political diversity and competition, providing citizens with the opportunity to participate in the political process and choose their representatives.
4. Judicial Independence: An independent judiciary was crucial for upholding the rule of law and ensuring that the executive and legislative branches did not overstep their powers. This provision helped to safeguard citizens’ rights and maintain checks and balances.

Cons of the Constitution

1. Monarchical Influence: Despite reducing the king’s powers, the Constitution still allowed the monarchy to play a significant role in state affairs. The king retained the authority to appoint the Prime Minister in certain situations and had influence over the military. This duality created tensions between the monarchy and the elected government.
2. Inadequate Representation: While the Constitution provided for a multi-party system, it did not adequately address the representation of marginalized communities, including ethnic minorities, Dalits, and women. This lack of inclusive representation led to dissatisfaction and demands for more equitable political participation.
3. Ambiguity in Power Distribution: The Constitution did not clearly define the separation of powers between the monarchy and the elected government, leading to ambiguities and power struggles. This lack of clarity often resulted in political instability.
4. Limited Decentralization: Although the Constitution recognized local governance, it did not provide for significant decentralization of power. This centralized approach limited the ability of local governments to address the specific needs of their communities effectively.

The Constitution of Nepal 1990 was a significant milestone in the country’s journey towards democracy, providing a framework for democratic governance, political freedoms, and human rights. However, its limitations, particularly regarding monarchical influence and inclusive representation, led to ongoing political challenges and demands for further reforms. The events following its promulgation, including the rise of the Maoist insurgency and the eventual abolition of the monarchy, highlight the complexities of Nepal’s political evolution. Despite its shortcomings, the 1990 Constitution laid the groundwork for future democratic developments and remains a pivotal chapter in Nepal’s history.